Pre-application matters

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Practice notes
Definition of a personal representativeSection 55(1)(xi) of the Administration of Estates Act 1925 defines ‘personal representative’ as:‘the executor,...
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19th May
Q&As
What rights does a residuary beneficiary have to challenge a firm’s professional charges for acting in the administration of an estate where the firm...
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Produced in partnership with Oliver Auld of Charles Russell Speechlys LLP 19th May
Practice notes
Probate actions—mutual WillsThe term ‘mutual Wills’ is used to describe joint or separate Wills made as a result of an agreement between the parties...
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Produced in partnership with Adam Draper of Shoosmiths 19th May
Practice notes
Preparing the application form PA1P/PA1A for probate or administration'>letters of administrationFORTHCOMING CHANGE: The postal application forms PA1P...
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19th May
Practice notes
Probate actions—Larke v Nugus requestsWhat is a Larke v Nugus requestIn 1959 the Law Society first recommended that where a dispute arises about the...
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19th May
Practice notes
Contents of Wills—residuary giftsWhat a residuary gift comprisesThe residuary estate will not necessarily comprise only cash, but will usually include...
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19th May
Practice notes
Assent of assets by personal representativesAssent by personal representativesPersonal representatives (PRs) can transfer assets to beneficiaries in...
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19th May
Practice notes
Variation of Will or intestacy after death—Q&AsA deed of variation may be made to vary the disposition of an estate made by the deceased’s Will or on...
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19th May
Q&As
Is an application for a grant ad colligenda bona the correct procedure to enable executors to complete a sale of property as agreed by the...
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Produced in partnership with Lynne Counsell of 9 Stone Buildings 19th May
Q&As
For an infant settlement approval hearing, is there a standard draft order? Is Form N292 applicable for Inheritance Act claims?There are specific...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 19th May
Practice notes
Entitlement to a grant for a non-domiciled testatorDeceased domiciled outside England and WalesA grant issued in England and Wales will be necessary...
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19th May
Practice notes
Revocation of WillRevocation of a WillA Will is revocable at any time during the testator's lifetime. A testator may not revoke their Will in any...
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19th May
Precedents
Warning to caveator, Rule 44(5)In the High Court of JusticeFamily Division[The nominated registry as defined by rule 44(15)]To [name] of [address] a...
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19th May
Practice notes
Payment of legaciesIdentification of beneficial interestsThe personal representatives (PRs) of an estate must identify:•the beneficiary or...
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19th May
Practice notes
Will drafting—hotchpotHotchpot clauses in Wills can be useful in equalising benefits between beneficiaries.The hotchpot rule is also applied in cases...
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19th May
Practice notes
Failure of gifts—ademptionWhen applying the doctrines of ademption and abatement, a distinction is drawn between specific, general and demonstrative...
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19th May

Most recent Pre-application matters content

Q&As
What specific information should be included in the main body of a statutory declaration? And what information should the solicitor provide to the...
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20th Jul
Q&As
Can an executor appointed under a Will serve a section 21 notice under the Housing Act 1988 prior to the issue of a grant of probate?We refer you to...
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8th Jul
Practice notes
The effect of the issue of a grantNeed for a grantThe personal representatives (PRs) of a deceased individual’s estate generally need to obtain a...
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7th Jul
Practice notes
Devolution of assets and the need for a grantA person generally dies owning some form of property whether it be land, cash, furniture and so on. A...
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21st Jun
Q&As
What form of power of attorney should be used by a corporate (non-trust corporation) executor to appoint a nominee to apply for the grant of probate...
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6th Jun
Q&As
What is the order of entitlement to a grant in the event the executor dies before the issue of a grant?We direct you to section 5 of the...
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6th Jun
Q&As
Where the original Will is faded and only legible by artificial means, what procedure should be adopted to obtain a grant?This Q&A considers a...
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5th Jun
Q&As
Where the deceased’s Will was made in Scotland but the deceased lived in England and died in England, should probate be obtained in England or...
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5th Jun
Q&As
Could you refer me to information regarding the procedure for admission to probate in England and Wales of the will of a testator she made in...
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5th Jun
Q&As
Does a notice under section 27 of the Trustee Act 1925 protect executors who have had power reserved to them?Section 27 of the Trustee Act 1925 (TA...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 5th Jun

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